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Old 04-04-2007, 05:15 AM   #42
Skip
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Quote:
Originally Posted by Island Lover
Sorry Skip, bicycles ARE mechanized vehicles. Therefore speed laws apply.
Sorry....in order to convict on a speed offense in New Hampshire one must prove "to drive". In New Hampshire "to drive" means to operate a motor vehicle. A bicycle by definition is a self propelled vehicle but not a motor vehicle.

To give you an example, several years ago a bicyclist was arrersted in New Hampshire for DWI (the first and only such recorded arrest). During the trial the key element was to make the assumption that a bicycle is a vehicle and subject to the motor vehicle code. As the case went forward both sides agreed to settle on a charge of reckless conduct and drop the motor vehicle charges agreeing that the code was not clear, while a group of lawmakers on both sides of the issue promised to take up the statute and clarify it.

Results? No conviction under the motor vehicle code and no definitive action yet from the legislature.

Police officers in this State before and since have not attempted to apply offenses requiring "to drive" to bicyclists, for obvious legal and common sense reasons.

Hope this helps!
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